The U.S. Department of Health and Human Services Office of Inspector General (OIG) posted on October 25, 2023 Advisory Opinion No. 23-08, in which OIG rejected a proposed arrangement from a cochlear implant device manufacturer (the requestor) that would provide a free hearing aid to certain qualified patients who received a cochlear implant. OIG concluded the proposed arrangement could generate prohibited remuneration under the federal Anti-Kickback Statute (AKS) and the Beneficiary Inducement Law and could violate those laws if the requisite intent were present.
Under the proposed arrangement, the manufacturer would offer a bundle consisting of a cochlear implant made by the manufacturer and a free hearing aid manufactured by a third party. The cochlear implant would be purchased by a hospital or ambulatory surgical center (ASC), and for certain “bimodal hearing candidates,” a hearing aid would be provided for free to the patient along with the cochlear implant. OIG determined that the proposed arrangement implicated the AKS because the manufacturer would provide remuneration in the form of a free hearing aid that may induce patients and providers (e.g., ASCs) to purchase the manufacturer’s cochlear implant, which is reimbursable by FHCPs.
Recent Posts
Some Fish Hear with Their Bones and Communicate in an Unusual Way
We love to scratch the ears of our pets, and when we think of animal ears, we think of fur-covered appendages that are small, large,…
Advancing Audiology: SPAN Wraps Up 2025 with Key Updates on CPT Codes
The State Policy Advocate Network (SPAN) held its final meeting of the year last week, closing out the fourth quarter with a focus on critical…
Audiology and Speech-Language Pathology Interstate Compact Update
The Audiology and Speech-Language Pathology Interstate Compact (ASLP-IC) Commission recently announced that the CompactConnect data system has officially launched! CompactConnect is the data system that…


